LienWaiver.pro
No Notarization Required

New York Lien Waiver Forms — Generate in 60 Seconds

Generate New York lien waivers compliant with Lien Law Section 34 timing requirements. New York does not prescribe mandatory form language — our custom templates are designed to be clear and unambiguous, include all recommended elements, and preserve your Article 3-A trust fund rights.

Generate New York Waiver

Which Type Do You Need?

New York uses the standard 4-type framework (conditional/unconditional x progress/final). Key NY difference: no statutory form — our templates are custom-designed to comply with Section 34's timing requirements and include the Article 3-A trust fund disclaimer. A lien waiver does NOT waive your Article 3-A trust fund rights. Even after signing, you remain a trust fund beneficiary.

Decision Tree

1
Mid-project and payment has NOT cleared?
Use Conditional Progress Waiverlearn more
2
Mid-project and payment HAS cleared?
Use Unconditional Progress Waiverlearn more
3
Project done and final payment has NOT cleared?
Use Conditional Final Waiverlearn more
4
Project done and final payment HAS cleared?
Use Unconditional Final Waiverlearn more

New York Lien Waiver Rules at a Glance

No mandatory statutory form

NY does not prescribe waiver form language. Section 34 regulates timing only. Parties have flexibility in form design.

Pre-payment waivers VOID

Section 34: waivers before payment are "void as against public policy." Only valid "simultaneously with or after payment."

Article 3-A trust fund

Construction funds are statutory trusts. A lien waiver does NOT waive trust fund rights. Diversion of trust funds is larceny.

Notarization NOT required

For waivers. Lien releases filed with county clerk under Section 19 must be "duly acknowledged" (effectively notarized).

5% retainage cap

Private projects over $150K. Any contract clause exceeding 5% is void (2025 amendment S5655).

"Clear and unambiguous" standard

Waiver language must unmistakably manifest intent to waive. Ambiguity is interpreted against enforcement.

New York Lien Waiver Legal Requirements

New York takes a different approach from California and Texas: instead of mandating specific form language, Section 34 of the Lien Law regulates WHEN waivers can be signed. Pre-payment waivers ("no-lien" clauses) are "void as against public policy and wholly unenforceable." Waivers are only valid "simultaneously with or after payment." Since there's no statutory form, our custom templates are designed to be "clear and unambiguous" (the NY enforceability standard), include all recommended elements from construction law practice, and most importantly, preserve Article 3-A trust fund rights. Electronic signatures are valid under New York's ESRA.

Recent Law Changes

  • S5655 (signed December 2025): renders void any contract clause exceeding the 5% retainage cap on private projects over $150,000.

New York Conditional Progress Waiver

What It Is

Custom template waiving lien rights for a progress payment, conditioned on receipt and clearance of payment. Aligns perfectly with Section 34.

When to Use

When submitting a pay application for a progress payment and you want your lien rights protected until payment clears.

Key Legal Points

  • No statutory form — our template is designed for NY compliance.
  • Conditional on payment: the waiver takes effect only upon receipt and clearance of specified payment.
  • Article 3-A trust fund rights preserved (explicit disclaimer included).
  • Retainage preserved — template explicitly excludes retained amounts.
  • Change orders — template preserves rights for disputed or unapproved change orders.
  • Must be "clear and unambiguous" to be enforceable.

Tips

  • The conditional structure aligns perfectly with Section 34's "simultaneously with or after payment" requirement.
  • Always verify the Article 3-A disclaimer is included.
  • Include all required elements: your company info, property description, owner, GC, payment amount, date range.
Generate a New York conditional progress waiver

New York Unconditional Progress Waiver

What It Is

Immediately waives lien rights for the covered progress payment upon signing. No safety net if payment fails.

When to Use

Only after payment has been received AND cleared your bank. Not merely deposited — cleared.

Key Legal Points

  • Immediately effective upon signing — no condition precedent.
  • Under Section 34, if signed BEFORE payment, there's an argument the waiver is void as against public policy, but this creates litigation risk.
  • Article 3-A trust fund rights preserved.
  • Retainage excluded from the waiver.

Warning

Once signed, this waiver is immediately effective. Unlike conditional waivers, there's no safety net. If payment fails after you sign, your recourse is limited to a Section 34 argument (which means litigation).

Tips

  • Only sign after the payment has fully cleared.
  • Compare the amount on the waiver to the actual cleared amount.
  • Your trust fund rights remain intact regardless.
Generate a New York unconditional progress waiver

New York Conditional Final Waiver

What It Is

Waives all remaining lien rights on the project, conditioned on receipt and clearance of final payment including retainage.

When to Use

When requesting final payment (including retainage) and you want protection until it clears.

Key Legal Points

  • Covers ALL remaining work and lien rights.
  • Conditional on final payment.
  • Includes retainage — final payment should include all retainage amounts.
  • NY's 5% retainage cap and 2025 enforcement amendment (S5655) are relevant context for calculating final amounts.
  • Article 3-A trust fund rights preserved.
  • Should list any disputed amounts as exceptions.

Tips

  • Ensure final payment includes all retainage. Under the 5% cap, retainage must be released within 30 days of final approval.
  • List any remaining disputes.
  • Trust fund protections survive this waiver.
Generate a New York conditional final waiver

New York Unconditional Final Waiver

What It Is

The most consequential waiver. Immediately and irrevocably releases ALL lien rights on the project upon signing.

When to Use

Only after ALL payment — including final payment and retainage — has been received and cleared.

Key Legal Points

  • Complete and permanent release of all lien rights.
  • Per NY case law, executed waivers "cannot later be recalled or expunged."
  • Must be "clear and unambiguous."
  • Article 3-A trust fund rights STILL preserved — even after completely waiving lien rights, trust fund beneficiary status remains.
  • No recall — once signed and delivered, this is permanent.

Warning

This is permanent. Per case law, you cannot recall or expunge it. The only potential escape is if the waiver was signed before payment (void under Section 34), but proving this requires litigation. Sign only after every dollar has cleared.

Tips

  • This is the nuclear option — verify everything before signing.
  • Your Article 3-A trust fund rights survive.
  • If any disputes remain, use a conditional final instead.
Generate a New York unconditional final waiver

Common New York Lien Waiver Mistakes

  1. 1

    Not knowing about Article 3-A trust fund protections

    Many contractors don't realize their trust fund rights survive a lien waiver. Even after waiving all lien rights, you're still a trust fund beneficiary. Don't leave money on the table.

  2. 2

    Signing a pre-payment waiver

    Section 34 makes these void, but proving it requires litigation. Better to use conditional waivers and avoid the argument entirely.

  3. 3

    Using ambiguous waiver language

    NY courts require "clear and unambiguous" intent. If the language is doubtful or equivocal, it won't be enforced. Use our templates — they're designed for this standard.

  4. 4

    Missing the lien filing window

    Commercial projects: 8 months. Single-family: 4 months. These are strict compliance deadlines — NY courts don't accept "close enough."

How to Use the New York Lien Waiver Generator

  1. 1

    Select your waiver type. NY uses the standard 4-type framework (conditional/unconditional x progress/final).

  2. 2

    Fill in: your company info, property owner, GC, project address, county, payment amount, period of work, exceptions.

  3. 3

    The Article 3-A trust fund disclaimer is automatically included.

  4. 4

    Preview (free, watermarked). Download ($5 or subscription).

  5. 5

    Sign and deliver. Our template includes all recommended elements for NY enforceability.

Generate Your New York Lien Waiver

Loading form...

New York Lien Waiver FAQ

Does New York require a specific statutory lien waiver form?
No. NY does not prescribe mandatory waiver form language. Section 34 regulates when waivers can be signed, not what form they must take. This gives parties flexibility — and makes template quality important.
Do lien waivers need to be notarized in New York?
No, for waivers. But lien releases filed with the county clerk must be "duly acknowledged" (effectively notarized) under Section 19.
What is Article 3-A and how does it affect lien waivers?
Article 3-A creates statutory trusts for construction funds. A lien waiver does NOT waive trust fund rights. Even after signing a waiver, contractors remain entitled to payment from trust assets. Diversion of trust funds is larceny.
Can I waive lien rights before receiving payment in New York?
No. Section 34 makes pre-payment waivers "void as against public policy and wholly unenforceable." Waivers are only valid "simultaneously with or after payment."
What's the deadline to file a mechanics lien in New York?
Commercial/multi-family: 8 months after last furnishing. Single-family: 4 months after completion. NY courts require strict compliance with these deadlines.
What is New York's retainage cap?
5% on private construction contracts over $150,000. The 2025 amendment (S5655) renders void any contract clause exceeding this cap.
Is a New York lien waiver the same as a lien release?
No. A waiver prevents future liens; a release (Section 19) discharges an already-filed lien and must be "duly acknowledged" for county clerk filing.
Do I still have trust fund rights after signing a lien waiver?
Yes. Article 3-A trust fund protections exist independently of lien rights. Our templates include an explicit disclaimer preserving your trust fund rights.
Can I undo a lien waiver after signing it in New York?
Generally no. Per NY case law, executed waivers cannot be recalled or expunged. The only recourse is if the waiver violates Section 34 (e.g., signed before payment), but that requires litigation to establish.
What information should I include on a New York lien waiver?
Your company name/address, property owner, GC name, project address, county, payment amount, period of work covered, exceptions/reservations, signature, and date. Our template includes all recommended elements plus the Article 3-A disclaimer.

Lien Waiver Forms for Other States

California*Texas*Florida*Illinois

* = mandatory statutory form language required

Legal Disclaimer

LienWaiver.pro is not a law firm and does not provide legal advice. Our templates are designed to comply with applicable state statutes, but laws change and every situation is different. Consult a licensed construction attorney for legal advice specific to your project. By using this service, you agree to our Terms of Service.